Lazenby and Hansen

This matter concerned orders made by consent between the husband and wife, and also involved other respondents. The dispute revolved around the division of property and the discharge of liabilities following the breakdown of the marriage. The orders were made by Young J in the Family Court of Australia.

The court was required to determine the terms of the property settlement and the allocation of debts between the parties. This included specifying the amount and timing of a payment to be made by the husband to the wife, the attribution of a portion of that payment to maintenance, and the consequences of default. The court also had to address the individual liabilities of each party, including debts in their sole names and those incurred by companies associated with the husband. Furthermore, the orders dealt with the husband's obligations regarding a specific judgment debt and the wife's role in companies and trusts.

The court's reasoning was based on the consent of the parties to the terms of the settlement, as evidenced by the Agreement entered into contemporaneously with the orders. The orders reflected a comprehensive division of assets and liabilities, with specific provisions for the payment of a substantial sum by the husband to the wife, including an amount for maintenance under section 77A of the *Family Law Act 1975*. The court also made orders restraining the husband from dealing with certain proceeds of sale until compliance with his obligations and provided for the wife's sole liability for certain debts while the husband indemnified her against others. The orders also stipulated the wife's resignation from directorships and her relinquishment of claims in certain companies and trusts, with the husband assuming liability for those entities.

By consent, the court ordered the discharge of previous property orders, save for one specific paragraph that remained in effect until a payment of $1,750,000 was made by the husband to the wife by 10 July 2009. Of this amount, $150,000 was attributed to maintenance. Default in payment would result in immediate accrual of interest at 10% per annum. The wife was to be solely liable for specific debts, while the husband was to be solely liable for and indemnify the wife against other debts. The husband was also ordered to discharge a significant judgment debt and was restrained from dealing with certain share sale proceeds until compliance. The parties were to retain their respective superannuation entitlements. Applications for costs made by the other respondents were dismissed, and all subpoenaed documents were to be returned. The matter was removed from the trial list.